Purchasing Waivers

Preference for one vendor, product, or service does not constitute a justification to waive competition. Furthermore, obtaining a vendor’s quotation, demonstration, or acquisition and testing by a department does not constitute a sole source. If your requirement is available from more than one source, it is not considered a reason to waive competition.

A preference must be determined through a competitive RFQ/RFP/IFB process issued by the University Procurement Services Office.

However, there are times when a request to waive competition can and should be considered to purchase an item or service. Below are key considerations to request a waiver of competition.

A. Brand Specific

1. At times, a certain brand of equipment or item is needed.  When a single, preferred product is required, it is called Brand Specific. Examples of brand specific procurement include:
   • When changing brands or manufacturers would compromise the continuity of the research project or proprietary items, e.g. copyrighted software, publications, etc.
   • When a researcher’s grant specifies a certain brand of instrument or equipment (Department will be required to attach appropriate section of grant to verify this information).
2. Justification will include features which are unique and essential for the intended use that other manufacturers of like products do not offer.
3. A completed Waiver of Competition form (P101) should be submitted with a requisition through AggieMart for review and approval. University Procurement Services may send a bid document to multiple vendors for a brand specific purchase with the required specifications.

B. Sole Source 

1. On occasion it may be necessary to purchase equipment, supplies or services from a single source vendor. When an item or service is clearly and legitimately available from only one known source of supply, this is called a Sole Source. Research is required to confirm there is only one source and documentation is needed for the file. Examples of sole source procurements include:
   • Items which must be operationally compatible with existing equipment or systems and are available only from the original manufacturer.
   • Items that have specific or clearly unique features essential for the completion of the task or project at hand that is available from only one source.
2. A completed Waiver of Competition (P101) form should be submitted with a requisition through AggieMart for review and approval. 
3. University Procurement Services may send a bid document to a sole source vendor to establish firm pricing and include Terms and Conditions to form a contract.

C. Pressing Need or Emergency Purchases  

1. If the department has a pressing need or is in need of an emergency purchase, the department should contact the University Procurement Services Office prior to any purchase for guidance and proper handling of the order whenever possible.  If an emergency occurs during non-business hours, contact the University Procurement Services Office on the next working day so the incident can be noted and the file can be documented.
   • Pressing is-a need that arises from unforeseen causes, including but not limited to, delay by contractors, delay in transportation, breakdown in machinery, or unanticipated volume of work.
   • Emergency need is a situation which endangers lives, property, or the continuation of a vital program and which can be rectified only by immediate on-the-spot purchases or rental of commodities, printing, or services
2. If you have a true emergency, please contact University Procurement Services Office at 336.334.7555 immediately for a needs assessment. If warranted, measures will be taken to honor the request.
3. All emergency purchases must have a purchase requisition entered in AggieMart by the following business day so a purchase order can be sent to the vendor.